means, the provider of restaurant services is bound to inform the consumer about this particular circumstance in simple and illegible words. If this rule is not followed, the contract is not binding on the consumer.24 When the reservation contract is made on online marketplaces, online providers are also obligated to inform the consumer about all particular circumstances that are important for his or her position as the recipient of the service of restaurant reservation. Among other things, the provider of an online marketplace is bound to inform the consumer how the obligations from the contract are shared between the provider of restaurant services and the provider of the online marketplace.25 Indeed, it is very important that the provider of an online marketplace informs the consumer about the obligations arising for him from the reservation, in particular when there is a no-show clause in the reservation contract. Specific obligations to inform the customer/consumer on the no-show clause before the conclusion of a distance reservation contract are particularly important because the rules of the CR Directive on the right of withdrawal, otherwise valid for distance contracts, do not apply to hospitality services. It is expressly laid down in the CR Directive that the right of withdrawal does not apply to the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance.26 In other words, the customer, who has entered into a distance reservation contract on restaurant services, may not one-sidedly withdraw from it. The possibility of cancelling a restaurant service, including the cancellation of reservation, exists only if the service providers have foreseen such possibility in their general contract terms within their reservation cancellation policy. This is why it is crucial, when entering into a reservation contract on restaurant services, that the customer is informed, in a transparent manner, how by accepting general contract terms, he or she also accepts the no-show clause. However, in order for the restaurant service provider to act in accordance with the obligations under the CR Directive, it is not sufficient to supply these pieces information as a component part of the general terms. The requirement that all the relevant information must be given in a clear and illegible manner means that the customer’s attention must be drawn to the elements of the contract wherefrom his or her specific obligations 24 Art. 8/2/2, CR Directive. 25 Art. 6a/1/d, CR Directive. 26 Art. 16/l, CR Directive. 123 NO-SHOW CLAUSE IN RESTAURANT SERVICE CONTRACTS
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